Articles 37 - 39
TITLE ONE
CIVIL PERSONALITY
CHAPTER 1
General Provisions
Article 37. Juridical capacity, which is the fitness to be the
subject of legal relations, is inherent in every natural person and is lost
only through death. Capacity to act, which is the power to do acts with legal
effect, is acquired and may be lost. (n)
Juridical Capacity - inherent
in every natural person and is lost only through death.
Capacity to act - power to do
acts with legal effect, is acquired and may be lost.
Article 38. Minority, insanity or imbecility, the state of being a
deaf-mute, prodigality and civil interdiction are mere restrictions on capacity
to act, and do not exempt the incapacitated person from certain obligations, as
when the latter arise from his acts or from property relations, such as
easements. (32a)
Minority, insanity or imbecility, the
state of being deaf-mute, prodigality and civil interdiction are mere restrictions on
the capacity to act, and do not exempt the incapacitated persons from certain
obligations, as when the latter arise from his acts or from property relations,
such as easements
Article 39. The following circumstances, among others, modify or
limit capacity to act: age, insanity, imbecility, the state of being a
deaf-mute, penalty, prodigality, family relations, alienage, absence,
insolvency and trusteeship. The consequences of these circumstances are
governed in this Code, other codes, the Rules of Court, and in special laws.
Capacity to act is not limited on account of religious belief or political
opinion.
A married woman, twenty-one years of age or over, is qualified for
all acts of civil life, except in cases specified by law.
The ff circumstances, among others, modify or limit capacity to act:
Age, insanity, imbecility, the state
of being deaf-mute, penalty, prodigality, family relations, alienage, absence,
insolvency and trusteeship. The consequence of these circumstances are
governed in this Code, the Rules of Court, and in special laws. Capacity to act
is not limited on account of religious belief or political opinion.
A married woman, 21 years of age or over, is qualified for all acts
of civil life, except in cases specified by law.
